[2024] KEHC 12757 (KLR)
The court found that, in light of the Probation Officer's recommendation and the applicant's conduct, the custodial sentence should be revised to a non-custodial sentence. The court exercised its revisionary jurisdiction to substitute the remaining term of imprisonment with a Community Service Order at Nyainobu...
Source-derived case information.
- Citation
- [2024] KEHC 12757 (KLR)
- Parties
- Applicant: Dominic Nyamberi Oseko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Revision Case E0145 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Custodial sentence revised to Community Service Order.
- Judges
- WA Okwany
- Legal Topics
- Sentence Revision, Community Service Order, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dominic Nyamberi Oseko
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant for the offence of stealing should be revised to a non-custodial sentence under the decongestion programme.
Ratio Decidendi
The court found that, in light of the Probation Officer's recommendation and the applicant's conduct, the custodial sentence should be revised to a non-custodial sentence. The court exercised its revisionary jurisdiction to substitute the remaining term of imprisonment with a Community Service Order at Nyainobu Primary School, under the supervision of the head teacher, as part of the ongoing decongestion programme. This was deemed appropriate and in the interests of justice.
Court Disposition
Custodial sentence revised to Community Service Order.
Orders
- The applicant shall serve a Community Service Order at Nyainobu Primary School under the supervision of the school Head teacher for the remaining part of his sentence.
Full Case Text
Judgment text and source record
17 paragraphs
Oseko v Republic (Revision Case E0145 of 2024) [2024] KEHC 12757 (KLR) (17 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12757 (KLR)
Republic of Kenya
In the High Court at Nyamira
Revision Case E0145 of 2024
WA Okwany, J
October 17, 2024
Between
Dominic Nyamberi Oseko
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E397 of 2018 by Hon. W.K. Chepseba, Chief Magistrate on 27th April 2023)
Ruling
1. The Applicant was convicted for the offence of stealing contrary to 279(b) of the Penal Code and sentenced to serve 3 years’ imprisonment. The Sentence Review Report filed by the Probation Officer Mr. Dickson Kairu on 13th June 2023 indicates that the Applicant has, as at the date of the Report, served 4 months in prison. This matter was listed under the decongestion programme and the Probation Officer recommends a non-custodial sentence. I therefore direct that the Applicant shall serve a Community Service Order at Nyainobu Primary School under the supervision of the school Head teacher for the remaining part of his sentence.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 17TH OCTOBER DAY OF OCTOBER 2024. W. A. OKWANYJUDGE